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Reefton TC 10 March 2019 - R 8 - Chair, Mr S Ching

Created on 14 March 2019

Rules:
869 (3) (b)
Committee:
SChing (chair)
GClapp
Name(s):
D Flint-Graduation Horsewoman
Informant
S Wallis- Stipendiary Steward
Information Number
A8911
Plea:
Admitted
Charge:
Careless driving
Evidence:

Following the running of Race 8, the Greg Topp Betta Electrical Womens Drivers Mobile Pace, an information was filed by Stipendiary Steward Mr S Wallis against Open Horsewoman Mrs D Flint, alleging a breach of Rule 869(3) (b) in that she drove carelessly on the home turn when shifting ground outwards causing interference.

Mrs Flint had endorsed on the Information that this breach of the Rules was admitted which she confirmed at the hearing. Mrs Flint also confirmed at the hearing that she understood the rule she was being charged with.

Rule 869(3)(b) reads as follows:

“(3) No horseman in any race shall drive:-

(b) carelessly:-

Mr Wallis gave evidence and used video coverage to show that approaching the 500m Mrs Flint, driving SCONIC REIGN, was racing 3 back on the pylons with HE’S FAST AND FURIOUS, driven by Miss K Gill, THE KAIK, driven by Miss K Butt and FORTUNE TILLER, driven by Miss A Stewart, racing on Mrs Flint's outside. Just forward of these runners and racing 2 off the pylons was MAGICAL MISS, driven by Miss L Lester. Mr Wallis showed Mrs Flint improve outwards when not entitled to, putting both Miss Gill and Miss Butt into restricted room. He stated that with Miss Stewart on the outside of both these horses there was no room for either driver to relieve the pressure. As a result, he said, Miss Butt’s sulky wheel has ridden up over the sulky wheel of Miss Gill with both horses receiving interference and having to be steadied. Mr Wallis said that MAGICAL MISS, who was immediately ahead of these runners was giving ground at this point and contributed to the incident after the initial movement by Mrs Flint.

Mrs Flint stated that she initially thought that she had room to shift outwards but conceded that there obviously was no room to improve. Mrs Flint added that MAGICAL MISS giving ground added to the incident.

Decision:

As Mrs Flint had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submission For Penalty:

Mr Wallis stated that Mrs Flint was a Graduation driver and had driven on 10 occasions prior to today's meeting this season. He said Mrs Flint drove on 2 occasions last season and 3 occasions the season before. Mr Wallis stated that Mrs Flint had an impeccable record and at this point in time, had 2 racehorses in work and racing. He stated that the JCA Penalty Guide provided a 10-drive suspension for a mid-range breach of this rule. Mr Wallis stated that there were no aggravating factors as the consequential effects to the affected runners was minimal but there were mitigating factors, being Mrs Flint’s excellent record and her admission of the breach. He said that as Mrs Flint drove on race day rarely, he would leave it up to the Committee to determine a meaningful penalty.

Mrs Flint stated that she currently had 2 racehorses in work and in racing condition who would most likely race once a week for the next few weeks at this stage. She said that she only drives her own horses race day and only races the horses on the Coast circuit and Canterbury meetings.

Mrs Flint also requested any penalty to begin as soon as possible.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 10-drive suspension for a mid-range breach of this rule. We agree with Mr Wallis that this breach is mid-range and therefore adopt the 10-drive starting point. We also agree with Mr Wallis that the consequential effects were minimal and therefore no aggravating factors to consider. We do, however, have mitigating factors to consider, being Mrs Flint’s excellent record and her admission of the breach, warranting a combined discount. This combined discount we set at 2 drives. We therefore determined that an 8-drive suspension was an appropriate penalty in this case. In calculating penalty, we have taken into consideration that Mrs Flint has the possibility of up to 2 drives per week. Adopting that calculation, we determined that a 6-day suspension was appropriate.

Penalty:

Accordingly, Mrs Flint is suspended from the conclusion of racing today 10 March up to and including 31 March 2019. Relevant meetings included in this period of suspension are Addington on 15 March, Banks Peninsula on 17 March, Addington on 22 March, Waimate on 24 March, Addington on 29 March and Methven on 31 March.

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